In an apparent backfire, the co-defendant in Mayor Tony F. Mack’s corruption trial was ordered to undergo an inpatient psychological evaluation in jail.

The U.S. Attorney’s Office urged for the second opinion and for it to be performed in a monitored environment, such as a federal prison or a federal medical center — a hospital where prisoners are housed — due to some “troubling aspects” of the defense’s evaluation, conducted by Gerald Cooke, a forensic psychologist based in Plymouth Meeting, Pa.

“Mr. Giorgianni stated to Dr. Cooke that he found it very difficult to engage in matters related to this case,” Assistant U.S. Attorney Eric Moran said. “In fact, Giorgianni told Dr. Cooke that he had to and this is quoted in the report ‘Dope myself up’ by taking 100 mg oxycodone, 50 mg oxycodone and three 10 mg oxycodones, just to come today.”

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In his opinion, U.S. District Judge Michael A. Shipp sided with Moran and said Cooke evaluated the 64-year-old, despite knowing he had taken the pills prior to the examination.

“This potentially undermines the credibility and reliability of his report,” the judge said.

Cooke did not respond to a message left at his office for comment.

In December, a federal grand jury returned an eight-count indictment charging Mack, his brother, Ralphiel Mack, and Giorgianni with extortion, bribery, and mail and wire fraud.

Mack and his co-defendants pleaded not guilty to the charges, which stem from an alleged scheme to accept $119,000 in bribes in exchange for using the mayor’s influence over the development of the parking garage on city-owned land.

Giorgianni is also facing oxycodone distribution charges for allegedly orchestrating a pain killer distribution ring based out of JoJo’s Steakhouse.

Several co-conspirators have pleaded guilty for their involvement, but Giorgianni, a Ewing resident, has maintained his innocence.

Giorgianni’s attorney, Jerome Ballarotto, claimed Tuesday that the painkillers Giorgianni took before his psychological evaluation was under the supervision and prescribed by a doctor.

The attorney unsuccessfully argued for an outpatient evaluation, claiming an examination in custody would worsen his condition.

“(The feds) are the ones that is asking you to send this man away to a — not a hospital, judge — they want you to send him to a jail,” Ballarotto said.

The defense attorney also said Cooke was a distinguished forensic psychologist who has testified in many hearings as an expert.

Both the feds and Ballarotto agreed there was concern for malingering, as referenced in Cooke’s report, on behalf of Giorgianni.

In 1979, Giorgianni was convicted of debauching the morals of a 14-year-old girl.

The child molester then had the 15-year sentence vacated based on testimony about his psychological and physical inability to serve jail time, Moran said.

At a reconsideration hearing, Moran said expert testimony was presented to show the defendant exaggerated his symptoms of medical ailment and other testimony was heard about him attending a boxing match in Atlantic City and playing blackjack without his medical apparatus and oxygen tank.

At Tuesday’s hearing, it was discussed Giorgianni suffers from anxiety, paranoia and major depression.

When he underwent his psychological evaluation, Moran said Giorgianni discontinued his antidepressant and anxiety medications.

“Cooke went on to make his opinion about competency based on depression and anxiety, the two ailments that he discontinued his medication for himself,” Moran said.

“We think that no outpatient situation could ensure that the defendant is taking appropriate mediations or staying off inappropriate medications.”

Shipp modified Giorgianni’s bail conditions to include drug testing. He is currently on house arrest.

Moran said Giorgianni will undergo an inpatient evaluation for 30 days, with the possibility of that time being extended another 15 days.

The assistant attorney added the report could then take another month to be written.

This led to timing concerns from Shipp, who remained adamant he will not reschedule the Mack trial date of Jan. 6.

The trial has already been postponed twice.

“I’m not looking to push that back any further,” Shipp said. “So to the extent that we can get moving, even if it has to be in two separate trials, I’m looking to move forward.”

Shipp said he is not opposed to ordering severance with Giorgianni from the other co-defendant’s in the case.

Moran vented his frustration of the possibility.

“This story is a story about a conspiracy and a conspiracy such as this should be tried together, and all the evidence should be considered by one jury,” Moran said, noting there could be inconsistent verdicts if two trials. “I think it’s a little premature.”

Also in attendance at Tuesday’s hearing was Ralphiel Mack.

His attorney asked for the trial not to be delayed due to Ralphiel Mack, a former Trenton Central High School football coach, being unemployed.

After the hearing, Ballarotto said he was confident the federal evaluation of Giorgianni will come to the same conclusion as Cooke’s.

About the Author

Originally from Webster, N.Y., David has been a reporter in N.J. for the past three years (first in Phillipsburg and now in Trenton).He is a Temple alum who interned at the Philadelphia Daily News. Reach the author at dfoster@trentonian.com
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